Nov 14, 2012 Planning Commission

CALL TO ORDER:

Chair Donenfeld called the meeting to order at 1:30 pm.

ROLL CALL:

Roll Call: 7 members present, 0 members absent, 0 members excused.

The agenda was available for public access at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 4:00 p.m. on Thursday, November 8, 2012.

ACCEPTANCE OF THE AGENDA:

Chair Donenfeld requested Item 3C be heard out of order immediately following Public Comment.

The agenda was unanimously accepted, as amended.

PUBLIC COMMENTS:

Chair Donenfeld opened public comments:

-Brian Diebolt, spoke in reference to Item 2B, Case 5.1285 CUP, requested reconsideration of the denial for the tennis court lighting.
-Don Skeoch, applicant for Item 2B, Case 5.1285 CUP, requested a continuance for the tennis court lighting and consideration to allow for further public testimony.
-Jessica Norte, (resident of Estancias) spoke in reference to Item 2B, Case 5.1285 CUP, commented in opposition of the tennis court lighting.
-Patrica ?, spoke reference to Item 3A, Case 5.1143 CUP, requested a copy of the staff report for this project.

There being no further appearances public comments was closed.

1. CONSENT CALENDAR:

1A. Minutes of October 10, 2012.

Motion to To approve, as submitted. Moved by J.R. Roberts, seconded by Philip Klatchko.

Vote to To approve, as submitted. (Approved)

PUBLIC HEARINGS:

(This item was heard out of order.)

3C. Case 5.1290-PD361 - Applications by Wessman Development for a Tentative Parcel Map (TPM 36446) to subdivide a property of approximately 13.57 acres into 13 parcels for development and 4 lots for public infrastructure and a Planned Development District (5.1290-PDD 361) for a hotel in excess of 60 feet in height as allowed under the provisions of Museum Market Plaza Specific Plan; Major Architectural applications (3.3605-MAJ, 3.3606-MAJ & 3.3607-MAJ) for Blocks A, b/b-1 and c/c-1 of the site. The site is located at the northwest corner of West Tahquitz Canyon Way and North Palm Canyon Drive.

Director Ewing provided provided a summary of the prior actions, background information and a description of the proposed project.

Chair Donenfeld opened the public hearing:

-John Wessman, applicant, provided an overview of the proposed project pertaining to the event center, open space, public access linking to streets and overall building height of hotel.
-Mark Philp, project architect, Allen + Philp Architects, presented a simulation of the proposed project and provided an overview of the overall site plan, street layout, vehicular and pedestrian access, elevations, architectural materials, retail, restaurant and office uses, elevations, view corridors, architectural materials, hotel and preliminary landscape plan.
-Tangie Abercrombie, commented in opposition of the scale and height of the hotel for the proposed hotel.
-Renee Brown, spoke in opposition of the height for the proposed hotel.
-Frank Tysen, spoke in opposition of the height and scale for the proposed hotel.
-John Wessman, applicant response, addressed the height of the hotel, open-space and proposed uses for the renovation project.

There being no further appearances the public hearing was continued.

Vice Chair Hudson made the following comments:

*The New Main Street (from Palm Canyon to the new section of Belardo) needs to be widened to open up the view corridor to the mountains from Palm Canyon and provide a view to the museum building.
*Outdoor seating areas for restaurants will be shadowed by the adjacent taller buildings.
*Many elements (restaurants) of the project do not take advantage of the views of the moutains.
*The New Main Street from Palm Canyon to the art museum needs to be widened.
*More extensive pedestrian use for the north side of the New Main Street.
*Questioned the use of vehicular traffic on Market Street and preferred pedestrian use only.
*Consider connecting the parcels located west of Belardo to the project (O'Donnell Golf Course).

Commissioner Calerdine reemphasized the need for photo simulations of the views primarily from Palm Canyon Drive and concluded that only several views of the mountains would be lost. He encouraged more pedestrian circulation to the interior courtyard space.

Commissioner Roberts said that he visited The Orange County Mix (market concept) and was very impressed; he thought this would work well with downtown village environment and draw a more youthful target market. Mr. Roberts expressed concern with the height of the hotel and would like to see the project weave into the historic fabric of downtown and the restaurant dining turned outward onto PalmCanyon.

Commissioner Weremiuk made the following comments:

*That Belardo Road does not have an entrance especially if it will be built out eventually in the future and will become a city street.
*Concerned with the pool on the rooftop; people in Palm Springs are used to going out on patio for sun.
*The street narrowing and bend in front of the museum will impact the view.

Commissioner Munger expressed concern with:

*The liability of the water elements on Tahquitz Canyon; issues in downtown Long Beach.
*Concerned with parellal parking on Main Street.
*The historical setting is not emphasized in the project.

Commissioner Klatchko requested a depiction of the streetscape on Andreas Street and Palm Canyon Drive and its connection to the project.

The Commission requested submittal of new materials for further review of the project, as indicated:

· Modeling of the project within the larger downtown area (update the last sheet of today's handout with more accurate building volumes),

· Photo-simulations of the proposed project from the east side of N. Palm Canyon Drive,

· The agreement regarding the interim use of Block D for a public event venue,

· Design options for the 'billboard' space on the hotel's elevation tower (east elevation),

· Sightline studies for views, comparing the existing condition with proposed project,

· The structural configuration of the underground parking,

· Sun / shadow studies for the open space areas (Blocks B and C),

· Anticipate vehicular traffic movement patterns (see Public Works for assistance).

Motion to To continue the public hearing to the meeting of November 28, 2012. Moved by Leslie Munger, seconded by Lyn Calerdine.

Vote to To continue the public hearing to the meeting of November 28, 2012. (Approved)

2. OTHER BUSINESS:

2A. Discussion of Tour of Desert Water Agency Facilities

The Commission displayed interest in a tour of the DWA facilty. Staff would look into scheduling a tour after the holidays.

2B. Case 5.1285 CUP - A resolution of denial for the installation of tennis court lighting, and the approval of Case 3.3594 SFR for the construction of a new 6,283-square foot single family residence within the Estancias Development at 3181 Las Brisas Way, Zone R-1-B, Section 35. (Project Planner: Glenn Mlaker, AICP, Assistant Planner)

Glenn Mlaker, Assistant Planner, provided background information as outlined in the staff memorandum dated November 14, 2012.

Vice Chair Hudson and Chair Donenfeld noted their abstension on this item.

Commissioners Calerdine and Klatchko noted their willingness to reconsider the lighting for the tennis court with added conditions.

Commissioner Weremiuck recalled the reason for the denial was not only due to the night lighting and noise but also because there are no provisions for tennis courts in this development.

Commissioner Calerdine stated that he is opposed to the motion because he thinks that it is an unreasonable restriction on the use of this property and believes that setting a timeframe on the lighting would address many of the concerns.

Motion to To adopt a denial resolution for Case 5.1285 CUP, and approved Case 3.3594 SFR subject to the Conditions of Approval. Moved by Kathy Weremiuk, seconded by Leslie Munger.

Vote to To adopt a denial resolution for Case 5.1285 CUP, and approved Case 3.3594 SFR subject to the Conditions of Approval. (Approved)

Director Ewing reported that this action may be appealed to the City Council within 10 working days.

A recess was taken at 3:59 pm.

The meeting resumed at 4:06 pm.

PUBLIC HEARINGS cont'd:

3A. Case 5.1143 CUP - A request by Brook Anthony Ortiz for approval of a conditional use permit to operate a cocktail lounge at 188 South Indian Canyon Drive, Zone RA Section 14. (Ken Lyon, Associate Planner)

Glenn Mlaker, Assistant Planner, provided background information as outlined in the staff report dated November 14, 2012.

Chair Donenfeld opened the public hearing:

-Brook Ortiz, applicant, provided an overview of the proposed cocktail lounge and was available to answer questions from the Commission.

There being no further appearances the public hearing was closed.

Commissioner Munger asked if music would be played in the patio area. Mr. Ortiz responded that there would be no music played in the patio.

Motion to To approve Case 5.1143 CUP to operate a cocktail lounge at 188 South Indian Canyon Drive, subject to Conditions of Approval. Moved by J.R. Roberts, seconded by Chair Donenfeld.

Vote to To approve Case 5.1143 CUP to operate a cocktail lounge at 188 South Indian Canyon Drive, subject to Conditions of Approval. (Approved)

3B. Case 5.1277 CUP - An application by Whitewater Solar Farm 1, LLC., for a Conditional Use Permit and a request for 7.75 acres of "Take" under the guidelines of the Coachella Valley Multiple Species Conservation Plan, to develop a 3 Megawatt solar energy production facility on roughly 12 acres of a 108-acre parcel located at 58641 Tipton Road, Zone 0-5 (Open Space) and W (Watercourse). (Ken Lyon, Associate Planner)

Edward Robertson, Principal Planner, provided a review of the proposed project as outlined in the staff report.

Chair Donenfeld opened the public hearing:

-David Allen, manager, Whitewater Solar Farm, LLC, indicated that they worked closely with staff and are in agreement with the conditions. Mr. Allen addressed questions from the Commission pertaining to the actual location and exisiting vegetation on the site, flood zone, maintenance, porportion of Take acreage, and fencing material.

Motion to To adopt the draft Mitigated Negative Declaration (MND), approve Case 5.1277 CUP, subject to Conditions of Approval and recommend to the City Council to allocate 7.75 acres of Take to this project from the Whitewater River Conservation Area, as amended:

To recommend to the City Council:
* To establish a priority for allocation of Take.
* Establish a uniform policy regarding the requirements Mitigated Take.
* And allow a small open area at the base of the fencing to allow small animals to go through. Moved by Philip Klatchko, seconded by Lyn Calerdine.

Vote to To adopt the draft Mitigated Negative Declaration (MND), approve Case 5.1277 CUP, subject to Conditions of Approval and recommend to the City Council to allocate 7.75 acres of Take to this project from the Whitewater River Conservation Area, as amended:

To recommend to the City Council:
* To establish a priority for allocation of Take.
* Establish a uniform policy regarding the requirements Mitigated Take.
* And allow a small open area at the base of the fencing to allow small animals to go through. (Approved)

PLANNING COMMISSION COMMENTS:

Vice Chair Hudson commented that he would not be able to attend next week's AAC meeting. Commissioner Weremiuk offered to cover the meeting.

Commissioner Roberts requested code enforcement follow-up on the signage (adjacent to the monument sign) at the corner of Sunrise Way and Vista Chino.

PLANNING DIRECTOR'S REPORT:

Principal Planner Robertson reported that the next City Council meeting is scheduled for November 28, 2012.

ADJOURNMENT:

There being no further comments the Planning Commission adjourned at 4:54 pm to 1:30 p.m., Wednesday, November 28, 2012, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.